Melhores Advogados de Falência em Curitiba

About Falência Law in Curitiba, Brasil

Falência and recuperação judicial are federal legal frameworks applied across Brazil, including Curitiba. These processes are designed to balance the interests of the company, its employees and creditors. In Curitiba, cases are handled by the local judiciary within the state of Paraná, following federal rules established in the Lei de Falência e Recuperação Judicial.

The core objective of falência is to liquidate the debtor's assets when reconstruction is not feasible, while a recuperação judicial seeks to restructure debts and continue the business under court supervision. Understanding the unique procedures in Curitiba helps ensure compliance with deadlines and proper creditor notification. A skilled lawyer can translate complex requirements into a practical plan tailored to your business or personal finances.

Recuperação judicial and falência are established to preserve the company, protect jobs, and satisfy creditors in a coordinated manner.

Why You May Need a Lawyer

These are concrete, Curitiba-specific scenarios where legal representation is essential. Each example reflects typical local challenges and procedural steps.

• A Curitiba manufacturer with bank loans and supplier claims considers recuperação judicial to renegotiate debt terms and avoid simultaneous lawsuits.
• A family-owned bakery in Curitiba faces payroll tax debts and supplier disputes, and seeks a structured repayment plan under judicial recovery rather than immediate liquidation.
• A Curitiba startup with cash flow problems wants to protect assets and pursue a recovery plan that preserves jobs and attracts investment, requiring court supervision and creditor negotiating rules.
• Creditors in Curitiba notice repeated missed payments and hire a lawyer to file claims and monitor deadlines, including the call for the creditors' assembleia and plan approval.
• A Curitiba co-op or small business with cross-border loans requires a coordinated plan to rank creditors and avoid piecemeal lien seizures.
• A debtor anticipates insolvency and seeks counsel to determine whether falência or recuperação judicial offers the best chance to maximize value and minimize losses for all parties.

Local Laws Overview

Brazil operates under federal legislation for falência and recuperação judicial, with local court administration in Curitiba handling filings and hearings. The following laws are central to understanding your rights and obligations in Curitiba.

Lei No 11.101/2005 - Falência e Recuperação Judicial. This law establishes when a company or individual may file for bankruptcy or seek judicial recovery, the roles of creditors, and the procedures for asset liquidation and debt restructuring. It is the cornerstone of insolvency practice in Curitiba and nationwide.

Lei No 14.112/2020 - Alterações à Lei 11.101/2005 e ao processo de recuperação judicial. This legislation introduced updates to deadlines, the treatment of credit classes, and procedural timelines to speed and standardize courts' handling of recovery and bankruptcy cases. It represents the most significant recent reform to insolvency law in Brazil.

Contexto processual - The Brazilian Civil Procedure Code and related court rules guide how filings are served, how creditors participate, and how plans are approved. In Curitiba, filings and hearings follow procedures set by the Tribunal de Justiça do Paraná and the federal framework for insolvency cases.

Lei 11.101/2005 governs falência e recuperações judiciais, prioritizing preservation of the company and orderly creditor satisfaction.

Lei 14.112/2020 introduces key reforms to speed and simplify insolvency proceedings and credit treatment.

Frequently Asked Questions

What is falência and recuperação judicial in Curitiba, Brazil?

Falência is the liquidation of a debtor's assets when reconstruction is not feasible. Recuperação judicial aims to restructure debts so the business can continue operating under court supervision. Both procedures use creditor participation and asset valuation rules established by law.

How do I start a recuperação judicial in Curitiba?

File a petition with the local court in Curitiba, accompanied by financial statements, debt schedules, and a business plan. The court then appoints a judicial administrator to supervise the process and creditors vote on a recovery plan.

Do I need a lawyer to pursue falência or recuperação judicial in Curitiba?

Yes. A lawyer with insolvency experience helps prepare documents, negotiate with creditors, and navigate court deadlines. A local specialist understands Paraná court practices and creditor ranking nuances.

How much does a falência or recuperação judicial case cost in Curitiba?

Costs include court fees, attorney fees, and the expense of a judicial administrator. Fees vary by case complexity and asset size, so obtain a written estimate before filing.

What is the typical timeline from filing to a court decision in Curitiba?

Recuperação judicial timelines commonly span 12 to 24 months for plan approval, with longer periods possible for complex cases. Falência typically proceeds faster if liquidation is straightforward, but can still test months in Curitiba.

Do I qualify for recuperação judicial or falência in Curitiba?

Eligibility depends on debt levels, business viability, and compliance with statutory requirements. A lawyer can assess liquidity, ongoing operations, and creditor structure to determine the best route.

Can creditors influence the recovery plan in Curitiba?

Yes. Creditors have the right to participate, submit claims, and vote on proposed plans. A well-prepared plan that aligns with creditor interests improves chances of approval.

Is the debtor allowed to operate during recuperação judicial in Curitiba?

Yes, subject to court supervision and meeting certain conditions. The business generally continues operations to preserve value, under the oversight of a judicial administrator.

What’s the difference between falência and recuperação judicial?

Falência focuses on asset liquidation to satisfy creditors. Recuperação judicial aims to restructure debts while keeping the business running and preserving jobs.

How long does an appeal take after a court decision in Curitiba?

Appeal timelines depend on court calendars and the complexity of issues. Typical cycles can range from a few months to over a year in Curitiba, depending on the case.

Where can I find a qualified insolvency lawyer in Curitiba?

Look for lawyers with recent court experience in recuperação judicial and falência in Paraná. Verify track record, ask for client references, and obtain a clear fee proposal.

Should I declare bankruptcy voluntarily or wait for creditors in Curitiba?

Voluntary filing can serve strategic purposes, but you should evaluate options with counsel. A lawyer can help determine whether voluntary filing improves outcomes for creditors and employees.

Additional Resources

• Lei Nº 11.101/2005 - Falência e Recuperação Judicial - Official federal legislation on bankruptcy and judicial recovery, with texts and amendments.
• Lei Nº 14.112/2020 - Alterações à Lei de Falência - Updates to the bankruptcy framework and recovery procedures, including timing and creditor treatment.
• Recuperação Judicial e Falência - Ministério da Justiça e Segurança Pública - Official guidance on insolvency processes in Brazil.

Next Steps

1. Assess your financial position and determine whether recuperação judicial or falência best fits your situation. This involves cash flow analysis and creditor composition.
2. Gather essential documents such as latest financial statements, tax records, debt schedules, asset inventories, and contracts. Organize them by creditor class.
3. Consult a Curitiba-based insolvency attorney to discuss strategy, potential timelines, and fee structures. Schedule a 60-minute initial consultation if possible.
4. Request a written engagement letter outlining scope, fees, and estimated costs. Compare at least two firms to ensure alignment on strategy and communication.
5. Prepare a detailed petition package with your lawyer, including a proposed recovery plan or liquidation strategy and a list of assets and liabilities.
6. File in the appropriate court in Curitiba and appoint a judicial administrator if recovering. Track all deadlines and attend required hearings.
7. Regularly review creditor communications and plan milestones with your lawyer to optimize the chance of approval and timely execution.